(2) Misunderstanding of legal issues leads to mistakes.
(3) Low degree of specialization leads to risks. Such as revealing business secrets, losing important evidence, improper litigation request, wrong proof, ultra vires agency, delaying the litigation period, deviating from the judgment of the nature (cause of action) of the case, improper or wrong legal advice provided to the enterprise, etc. The parties can completely ask the lawyer to refund the agency fee and compensate for the losses on this ground.
(4) Lawyers' fault behaviors such as lack of diligence and negligence. If you accidentally lose the important materials submitted by the client, miss the legal time limit of the client's appeal period, proof period, application execution period, etc. , resulting in damage to the interests of the client, or failing to win the due rights and interests, losing the lawsuit that should not be lost, etc. These phenomena occur from time to time in practice.
(5) The lawyer is not strict with the business, or unfamiliar with the new business, lacking experience, and the legal opinions and lawyers' letters issued are not rigorous and untrue, which leads to the client's decision-making mistakes and losses. This is more common in handling non-litigation business. For example, some lawyers fail to carefully verify the relevant materials when issuing legal opinions, and issue legal opinions that "the relevant materials are true and effective after examination", which is easy to happen in the legal services provided by lawyers for personal housing in banks and automobile mortgage in recent years, mainly in the examination of the true identity and actual income of individuals applying for loans. Most lawyers only formally review materials. Without substantive review, it is easy to bring great practice risks to law firms and lawyers, because an important basis for banks to review whether to issue loans is the legal opinions issued by law firms.
the main reason for the risk.
(1) parties. Under normal circumstances, the interests of lawyers and their clients are the same in the process of practice, and there is no conflict of interest between them. But this does not rule out that lawyers and some parties will have contradictions and opposites for various reasons. Individual parties shirk the responsibility for the adverse consequences caused by their own reasons to lawyers out of self-interest or self-protection, and some lawyers eventually suffer dumb losses and take risks that they should not have taken because of their lack of experience or excessive trust in the parties. For example, the parties failed to provide relevant materials and information truthfully, and their statements on some key issues were inconsistent, which led to the wrong judgment in the lawyer's work, and then shifted the responsibility to the lawyer afterwards.
(2) The lawyer's own reasons. On the one hand, some lawyers' legal professional knowledge is not solid and rich, their theoretical level is not high, and their practical experience and handling ability are not strong, which leads to wrong judgment on the nature of some cases or wrong handling procedures, resulting in losses to the interests of clients; On the other hand, some lawyers have incorrect working attitudes, are impetuous, unreliable, unpretentious, self-righteous, and even don't know how to pretend to understand, so that mistakes are prone to occur in their work, leading to risks or other adverse consequences; On the other hand, some lawyers have low professional ethics and poor practice discipline, deliberately conceal the facts, misinterpret the law, harm the interests of the parties or other relevant parties, set themselves on fire, and bear corresponding responsibilities and risks.
(3) management reasons. There are two main reasons for management, one is the management of lawyers by law firms, and the other is the management of lawyers by judicial administrative organs and lawyers associations. One of the most important is the management of lawyers by law firms. At present, some law firms take the income generated as the sole criterion to evaluate the quality of lawyers, and do not pay attention to the cultivation and improvement of lawyers' professional knowledge and handling ability, the quality of handling cases, the education of lawyers' professional ethics and practice discipline, the necessary management systems and regulations, and the lack of necessary supervision over lawyers. It is understood that some law firms don't hold lawyers' meetings for months, and some lawyers don't come to law firms for months. It was not until they violated discipline, laws and even crimes that the firm clearly understood. Of course, the poor supervision of lawyers by judicial administrative organs and lawyers' associations in some places is also a reason for the increased risk of lawyers' practice.
(D) The influence of some negative factors in the social environment. On the one hand, some law enforcement agencies and law enforcers oppose their own law enforcement behavior with lawyers' practice behavior, and always think that lawyers are opposed to themselves and have discrimination and prejudice against lawyers. Driven by wrong ideas, many law enforcers and even law enforcement departments deliberately make things difficult for lawyers, take revenge and even take extreme measures; On the other hand, some law enforcement or judicial organs and their staff do not act according to law, bend the law to ask for bribes, and force or induce lawyers to handle cases illegally; On the other hand, some people have an incorrect understanding of lawyers. They think that lawyers rely on loopholes in the special law to pull connections and handle cases through the back door. They think that since lawyers are hired by clients, they should unconditionally meet the requirements of clients. Therefore, when the requirements of some parties are not met, it is easy to vent their dissatisfaction and resentment on lawyers, and even directly infringe on their legitimate rights and interests.
Tip:
The Civil Code has been implemented since 221 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law have been abolished at the same time. If you are involved in the contract issues stipulated in the civil law #
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